A: Statute of limitations questions are one of the most important issues in a medical malpractice case in Pennsylvania. Therefore when you discovered or should have discovered the broken pin will be important in determining when the statute of limitations bars the case. Because this issue is time sensitive, it is vital to speak to a qualified medical negligence lawyer immediately.
So long as the statute of limitations has not expired, you may have potential claims against the surgeon and his or her practice. The elements of a medical malpractice case in Pennsylvania against a surgeon include proving negligence, proving a causal connection between the negligence and the injury, and proving damages, such as additional surgeries, worsened outcome, etc. If there are no damages, or the damages are minimal, then there is no case.
In many cases involving failure of screws, pins, plates and other surgical implants, the surgeon committed negligence by failing to implant the piece correctly or using the wrong implant for the procedure. Under Pennsylvania law, medical negligence is conduct which falls below the standard of reasonable care expected of other medical professionals. Click here to read more about negligence in a Pennsylvania medical malpractice case involving an implant or device.
In order to prove negligence, the patient must have the case evaluated by a medical negligence lawyer who will consult with a medical expert. In addition to a negligence case against the surgeon, there may also be a defective products liability claim against the implant manufacturer.
Related Pennsylvania Medical Malpractice Legal Articles:
- Res Ipsa Loquitur in a Pennsylvania Medical Malpractice Case Involving a Broken Catheter
- Pain and Suffering in a Pennsylvania Medical Malpractice Case
- Pennsylvania Medical Malpractice Cases Involving Medical Devices
Pennsylvania Medical Malpractice Lawyer – Implants, Pins, Screws
For more information, contact a Pennsylvania medical malpractice and surgical error lawyer.
Our medical malpractice attorneys serve victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE. Our lawyers can obtain special admission in other states on a case by case basis.
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